Issuu

MARCH 2019

THE OFFICIAL AWARD-WINNING PUBLICATION OF THE LEE COUNTY BAR ASSOCIATION

Contents

features 20 Bench Bar-B-Q & Shrimp Boil

AD DIRECTORY On the cover: Original art composition Cover art credit: April Bordeaux

by Chuck Myron

26 Free legal advice making impact at Self Help Center

by Chuck Myron

departments 6

Letter from the President by John Webb, Esq.

Letter from the Executive Director

by Lisa Poulin

10 Calendar of Events 12 Ethically Speaking by Henry Lee Paul, Esq. 14 Practice Section

Criminal Law by Marisa Boysen, Esq.

16 YLD Spotlight by Nicole Brunswick, Esq. 18 Advertiser's Spotlight

Law Offices of Dennis L. Webb, P.A.

24 Legal Lens

LCBA Executive Council Swearing-In Luncheon

30 The Dish

Bruno's of Brooklyn

32 In Memoriam

Robert Keezel

34 LCBA Judges Spotlight

Hon. Caroline Swift

36 LCBA Members Spotlight

Nirupa Netram, Esq.

38 Legal Lens

LCBA Family Bowling Social

40 Legal Lens

Mock Trial

41 In The News

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Barbara Pizzolato 17 Brad Jessen, Edward Jones 15 Business Observer 29 Calvo & Calvo Attorneys at Law 28 CONRIC PR & Marketing 34 CopyLady IFC Copy IT 25 DeMine Immigration Law Firm 15 Denise Kennedy 35 Direct Impressions 37 Donna Tisch 29 Edison National Bank BC Fort Myers Court Reporting 37 Garvin Law Firm 36 Henderson, Franklin, Starnes & Holt, P.A. 13 Joe Viacava Law IBC Joseph P. Hoffman, Esq. 22 Kelleher Firm 9 Kempton P. Logan 25 Law Firm of Scott T. Moorey 35 Law Offices of Dennis L. Webb 19 Leonard P. Reina 33 Leslea Ellis, LLC 13 Livingston Loeffler, P.A. 17 McHale, P.A. 37 Men's Rights Law Firm 32 Merit Court Reporting, Inc.Â 39 Morgan & Morgan 7 Musca Law Office, Inc. 3 Real Estate Advisory Service, LLC 18 Robins/Kaplan, LLP 15 Roetzel & Andress 25 Sexto Productions 19 Sheldon E. Finman, P.A. 17 Spivey Law Firm, P.A. 5 Sproat Workplace Investigations 9 Stockman Mediation 28 The North Law Firm, P.A. 35 Total QuickBooks Solutions 38 Toll Law 11 Veranda Restaurant 29 Von Ahn & Associates 33 William DeForest Thompson Jr., LLC 42 Wright Mediation 18

Our advertisers support the LCBA. Please do your best to support them in return! It is the policy of the Lee County Bar Association to hold meetings only in those facilities that do not discriminate on the basis of race, gender, sexual orientation, national origin, physical or mental disability or religion. The Association will engage in a good-faith interactive process with any employee, prospective employee, member or invitee to determine if a reasonable accommodation is needed and will make reasonable efforts to provide such accommodations. Any requests for accommodation should be directed to the Executive Director of the Lee County Bar Association, Lisa Poulin at lpoulin@leebar.org or 239-334-0047.

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Letter from the president The LCBA has been busy hosting a number of events. In the first two months of this year, we have hosted our first social, a familyfriendly bowling event, the SwearingIn and Practice Section luncheons, a collaborative Board and Brush event with the Lee County Association for Women Lawyers, and the first event put on by our newly formed Health and Wellness Committee – a yoga class at Soni Yoga in downtown Fort Myers. During March, we will continue with this momentum by honoring our past presidents at our luncheon on March 22 at the Sidney & Berne Davis Art Center. I am particularly excited about this event, as many of our past presidents have been of great assistance and guidance to me in planning this year, for which I am enormously grateful. On March 30, the LCBA will host the annual Bench BarB-Q and Shrimp Boil at the Alliance for the Arts. This year, we are again graced with fantastic sponsors, and we are greatly appreciative of the Hon. Robert Branning, the Hon. Jack Lundy and Jerry Von Gruben for allocating their valuable time to plan and prepare for this event. In addition, lawyers within our community are continuously hard at work making a difference in the lives of Lee County residents through pro bono work or volunteering with a charitable organization. Every Tuesday from 1 p.m.-4:30 p.m. at the Lee County Clerk’s Self Help Center, LCBA Pro Bono Committee Co-Chair Andrew Banyai of Lee County Legal Aid provides attorney consultations to the public for a variety of civil and family legal matters. These include divorce, child support and alimony. Plus, many of our members are diligently planning our annual Law in the Mall event and the Law Week Blood Drive, as well as our annual Law Week Awards Luncheon. As always, please do not hesitate to contact the bar office for more information as to how you can get more involved with any of the LCBA committees, practice sections, events and CLE opportunities. John C. Webb, Esq. john@johnwebblegal.com | 239.313.7362

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LEE COUNTY BAR ASSOCIATION ADMINISTRATION

Executive Director ~ Lisa Poulin Lawyer Referral Service Coordinator ~ Kheila Perez

EXECUTIVE COUNCIL

President ~ John Webb, Esq. Vice President ~ Matt Roepstorff, Esq. Secretary ~ Tiffany Pereira, Esq. Treasurer ~ Blake Hampton, Esq. Board Members: Kathy Smith, Esq. • Spencer Cordell, Esq. Peter Knize, Esq. • Michael-Anthony Pica, Esq. President Emeritus ~ Daniel J. Endrizal III, Esq. YLD President ~ Nicole Brunswick, Esq.

COMMITTEE CHAIRS Bench-Bar Gala Danielle Butler, Esq. Diversity and Inclusion Ita Neymotin, Esq. & R. Noelle Branning, Esq. Health & Wellness John Miller, Esq. & Joel Hyatt, Esq. #KindLee Amanda Bartley, Esq. & Kelly L. Fayer, Esq. Law Related Education T. Rankin Terry, Esq. Law Week Hon. John S. Carlin LCBA Foundation Charity Golf Tournament Shannon Puopolo, Esq. & Kenneth A. Jones, Esq. Mock Trial Shaina Zuppke, Esq. & Eunice Gedeon, Esq. Pro Bono Andrew Banyai, Esq. & Blair DeMinico, Esq.

PRACTICE SECTION CHAIRS Alternative Dispute Resolution Anne Dalton, Esq. & Bill Merchant, Esq. Appellate Alex Brockmeyer, Esq. & Matthew Irwin, Esq. Criminal Law Marisa Boysen, Esq. & Leah Harwood, Esq. Elder Law Blake Hampton, Esq. & Amy McGarry, Esq. Family Law Magistrate Gilberto Perez & Kati Calvo, Esq. General Civil & Business Litigation George Knott, Esq. & Carlos Kelly, Esq. Land Use & Governmental Law Erica Woods, Esq. & Sarah Spector, Esq. Real Property, Probate & Trust Law Kenneth Kemp, Esq. & Jennifer Hammond, Esq. Solo & Small Firm Jason Gunter, Esq. & Conor Foley, Esq. Tort Litigation Preston John (PJ) Scheiner, Esq.

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Letter from the executive director We have lots of exciting events around the corner. March brings our LCBA Past Presidents Luncheon, on March 22, as well as our Bench BarB-Q and Shrimp Boil, on March 30. Registrants and sponsors are needed. You may sign up leebar. org or stay tuned for my “News You Can Use” email newsletter for more information. Law Week begins in April. Below are the dates for this year’s events: Saturday, April 27 - Law in the Mall Monday, April 29 - Law Week Blood Drive Thursday, May 2 - The Bar and Judicial Appreciation Reception Friday, May 3 - Second District Court of Appeal Oral Arguments and Students Q&A Friday, May 3 - Law Week Awards Luncheon The Law Week Awards Luncheon will be held at the Sidney & Berne Davis Art Center again this year. The gathering will honor Law Enforcement Officers of the Year for the City of Fort Myers, City of Cape Coral, City of Sanibel and the Lee County Sheriff’s Department. Also, the Dr. James A. Adams Lee County Teacher of the Year for Law-Related Education will be awarded to an outstanding teacher, and the prestigious Liberty Bell Award will be presented to a very deserving member of our community. Tickets are $25 for LCBA members and $35 for nonmembers. Judges are seated at no cost. You don’t want to miss this!

SERVING THE CITIZENS AND LEGAL COMMUNITY OF LEE COUNTY SINCE 1949

239.334.0047 resgestae@leebar.org

Staff PUBLISHER

Connie Ramos-Williams | 239.690.9840

EDITOR-IN-LAW

Tiffany Pereira, Esq.

MANAGING EDITOR Chuck Myron

CREATIVE DIRECTOR April Bordeaux

ADVERTISING DIRECTOR Linda Fiore | 239.690.9840

FEATURE WRITER Chuck Myron

CONTRIBUTING WRITERS John Webb, Esq. Lisa Poulin Henry Lee Paul, Esq. Nicole R. Brunswick, Esq. Hon. Carolyn Swift Nirupa Netram, Esq.

CONTRIBUTING PHOTOGRAPHER Jim Jett Photography

BILLING INQUIRIES 239.334.0047

Res Gestae is an award-winning magazine published monthly by CONRIC Publishing in partnership with the Lee County Bar Association. All editorial, advertising and photos may be submitted for consideration through email to resgestae@leebar.org. We make every effort to ensure the accuracy of the information published, but we cannot be held responsible for any consequences arising from omissions or errors. Opinions expressed by our writers and advertisers are not necessarily opinions shared by the LCBA, Res Gestae or CONRIC Publishing. Copyright© 2019 Lee County Bar Association Inc. All Rights Reserved. No portion of the publication may be reproduced in part or in whole without prior written permission of the Lee County Bar Association. To inquire about such permission, please contact the Lee County Bar Association at info@leebar.org.

Lisa Poulin, Executive Director LPoulin@leebar.org | 239.334.0047

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March 2019 ⚖ RES GESTAE

calendar of events Dates of some practice section meetings have not been confirmed. Check leebar.org for details!

MARCH

Solo and Small Firm Practice Quarterly Breakfast Meeting 8 a.m, Gunter Law, 1514 Broadway, Suite 101, Fort Myers.

Young Lawyers Division Monthly Lunch Meeting

Noon-1 p.m., 10 Twenty Five, 33 Patio de Leon, Fort Myers. All attorneys under age 35 or in their first five years of practice are invited to attend. RSVP to nicole@ itsmylegalright.com.

Criminal Law Practice Section Social Event

5 p.m.-7 p.m., Alliance for the Arts, 10091 McGregor Blvd., Fort Myers.

Real Property, Probate and Trust Law Brown Bag Lunch

Noon-1 p.m., Lee County Justice Center, courtroom TBA, 1700 Monroe St., Fort Myers. The meeting will address special needs guardianships.

Lee County Legal Aid Seminar: Resolving Legal Ethical Issues CLE Workshop

7:30 a.m.-noon, Northern Trust, 7960 Summerlin Lakes Drive, Fort Myers. Ethics and professionalism CLE credits available.

Real Property, Probate and Trust Law and Elder Law Social Event

5:30-7:30 p.m., Pinchers Crab Shack, 2360 W. First St., Fort Myers.

Land Use Bar Lunch Meeting

Noon-1 p.m., Lee County Public Works, first floor conference room, 1500 Monroe St., Fort Myers. Topic and speaker TBA.

30 Shrimp Boil

Noon- 4 p.m., Alliance for the Arts, 10091 McGregor Blvd., Fort Myers. Cost is $35 for non-LCBA members, $25 for LCBA members and guests, and $15 for children ages 7-17. No cost for children 6 and under.

Past Presidents Luncheon

Noon-1 p.m., Sidney and Berne Davis Art Center, Noon-1 p.m., Sidney & Berne Davis Art Center, 2301 First St., Fort Myers. 2018 LCBA annual sponsors will be the honorees. Cost is $25 for members, $35 for members, free for judges. Visit leebar.org for more information.

LCBA Bench Bar-B-Q and

APRIL

Young Lawyers Division Monthly Lunch Meeting

Noon-1 p.m., 10 Twenty Five, 33 Patio de Leon, Fort Myers. All attorneys under age 35 or in their first five years of practice are invited to attend. RSVP to nicole@ itsmylegalright.com.

Visit us online at leebar.org to see more calendar items. You can conveniently RSVP for upcoming events. Would you like to submit an event? Email your event submission to resgestae@leebar.org

Thank You to our Annual Sponsors for 2019

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LCBA Foundation Charity Golf Tournament

presented by Roetzel & Andress

Saturday, May 4, 2019 @ The Forest Country Club 6100 Club Blvd., Fort Myers

Check-in 7 a.m. | Shotgun start 8:30 a.m. Open to LCBA members and non-members alike Four-player scramble Complimentary buffet lunch and goodie bag

Early bird pricing (ends April 5): $125 per player, $450 per foursome Regular pricing (after April 5): $150 per player, $550 per foursome

TOLL LAW is pleased to announce that Matthew Jackson, Esq. has joined the rm as an associate based out of our Fort Myers oﬃce. Jackson graduated with high honors from the University of Florida Levin College of Law in 2001. He was admitted to the Florida Bar in 2002 and has since practiced law in Southwest Florida. His practice focuses on civil and commercial litigation, construction law and appeals.

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Ethically speaking BY HENRY LEE PAUL, ESQ.

SUPREME COURT REJECTS LIMIT OF $5 COMPENSATION FOR FACT WITNESS

he Florida Supreme Court rejected a litigant’s assertion that a fact witness is limited to daily compensation of $5 pursuant to F.S. 92.142. In Trial Practices, Inc, v. Hahn Loeser & Parks, LLP, SC17-2058 (Fla. Dec 28, 2018), the court explored the limits of appropriate compensation to fact witnesses pursuant to Rule 4-3.4(b) (Fairness to Opposing Party and Counsel). The petitioner, Trial Practices Inc., aka TPI, sought review of costs assessed by the trial court to compensate the payment of fact witnesses. The cost assessment included a claim for $236,000 of compensation to fact witnesses, including several attorneys, for time spent in relation to the litigation. TPI took the position that such compensation violated the prohibition against improperly influencing witnesses. The practical effect of such an assertion, if successful, would have resulted in imposing an oppressive burden on professionals who provided services that later became an issue in litigation. It would have required the fact witness lawyers, in the TPI case, to toil for many hours to prepare for testimony for a mere $5 a day for appearance as a witness in court proceedings. The court sought to announce a rule that avoids “prejudicing parties in highly complex cases such as this where they are dependent upon professionals.” In a wide-ranging opinion, the court rejected placing such an inequitable burden on lawyers and other professionals. Although the analysis of Rule 4-3.4(b) involved a version of the rule that has since been amended, the opinion remains instructive regarding the limits of appropriate compensation of fact witnesses. The court then addressed the provision in the rule regarding reasonable compensation and stated that, “The sole inquiry here is whether that third exception —

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which permits reasonably compensating a fact witness for ‘preparing for, attending, or testifying at proceedings’ — permits reasonably compensating a fact witness for what the district court referred to as ‘assistance with case and discovery preparation.’” While endorsing a very fact-specific approach in making an analysis of what is permissible compensation to a fact witness, the court rejected a broad approval of “any type of ‘assistance with case and discovery preparation.’” However, it conceded that the distinction between preparation for testimony and assistance with case and discovery preparation are not “mutually exclusive.” The lack of a bright line rule in making this analysis was emphasized by the court, once again, referencing a prohibition against the “appearance of impropriety” in the compensation of fact witnesses. The takeaway from the TPI case is that a lawyer involved in compensating a fact witness for time spent in relation to litigation should thoroughly evaluate the specific facts and attempt to apply them to the policy articulated in the TPI case. As might be expected from such a factspecific rule, the proceedings in the TPI case have been remanded for further consideration consistent with the opinion. It is certain that there will be additional litigation to further interpret the permissible limits to fact witness compensation. ⚖

Henry Lee Paul is a former Bar Counsel for the Florida Bar who now represents lawyers in all matters before The Florida Bar and offers risk management services on all legal practice matters. He also represents applicants in all matters before The Florida Board of Bar Examiners.

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March 2019 ⚖ RES GESTAE

Criminal Law MARISA BOYSEN, ESQ.

The Future of Amendment 6 Marsy’s Law and victim rights Amendment 6 to the Florida Constitution was adopted by the Constitutional Revision Committee in 2018 and placed on the November 2018 ballot. It was approved by the voters (68 percent yes, 32 percent no) and took effect on January 8.

he Hon. Retired Montana Supreme Court Justice Jim Nelson observed that Marsy’s Law is, “A solution in search of a problem.” Indeed, even in its most favorable light, it is difficult to determine what problems, if any, Marsy’s Law would solve. The Florida Constitution, starting in 1988, already provided crime victims with the right to be heard at sentencing, which is a sensible provision if there has already been a determination of guilt by a duly authorized court of law. Marsy’s Law, on the other hand, purports to confer rights and privileges to a “victim” based on the simple filing of charges. If some of this sounds unconstitutional to you, you disagree with the Montana Supreme Court to the extent that they ruled it entirely unconstitutional down to its last letter, striking it down as “void in its entirety.” Where did it come from, and why is it now supposedly the law of Florida? Two top donors backed the amendment. The Marsy’s Law foundation, Marsy’s Law for All, donated $33,752,863, and Henry Nicholas (brother of the amendment’s namesake and co-founder of Broadcom Corp.) donated $325,000. A whopping $37,191,745.83 was spent to pass it. Marsalee (Marsy) Nicholas was murdered in 1983 by Kerry Conley, an ex-boyfriend who ran into Henry Nicholas and his mother, Marcella Leach, after his release on bail. The family did not know Conley had been released. Conley was convicted and sentenced to 17 years to life with the possibility of parole. He died in prison in 2007. He remained on bail for the two years the case was pending. Nicholas and Leach formed the Marsy’s Law foundation in 2008 with a mission stating, “Marsy’s Law for All seeks to amend state constitutions that don’t offer protections to crime victims and, eventually, the U.S. Constitution to give victims of crime rights equal to those already afforded to the accused and convicted.” Nicholas has had several encounters with the law, including an arrest in Nevada in August 2018 on suspicion of trafficking heroin, cocaine, MDMA and methamphetamine.

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So, what are the changes to the Constitution? To start, the portion that says “these rights do not interfere with the constitutional rights of the accused” has been removed. Section 16(b) now includes “every victim is entitled to the following rights beginning at the time of his or her victimization.” The amendment appears to simply assume that a person named in a police report or a charging document is in fact the “victim” of a crime. The amendment to § 16(b) apparently creates a constitutional right, based on the mere allegation by a governmental official that a crime has been committed, before any neutral and detached magistrate has reviewed the allegation. Section § 16(b)(5) includes “the right to prevent the disclosure of information or records that could be used … which would disclose confidential or privileged information of the victim.” If taken literally, exculpatory information in the medical records of a victim could not be disclosed. That would conflict with the right to present exculpatory evidence guaranteed by the Sixth Amendment to the U.S. Constitution. Evidence of the cause and severity of an injury could be exculpatory. Such evidence could also include conflicting statements of a victim to a medical professional regarding the identity of the perpetrator. § Section 16(b)(10)(a) of Florida Amendment 6 also allows for a state attorney to demand speedy trial, which could conflict with a variety of rights conferred by the Fifth and Sixth Amendments to the U.S. Constitution, most notably the rights to due process of law and the right to effective assistance of counsel. Without a doubt, litigation will follow. ⚖

Marisa Boysen has been practicing criminal defense since 2002. She runs her own law practice in Lee, Collier, Charlotte and Hendry counties.

Market Outlook for 2019: Uncertainty is Certain As you know, 2018 was a down year for the financial markets. What will 2019 bring? And, just as importantly, what moves will you make? Some of the same issues that we saw in 2018, such as concern over tariffs and trade disputes, are still around. Yet, the U.S. economy does not seem to be heading into recession – and a recession is usually a key ingredient for an extended bear market. However, you should still be ready for choppy markets in 2019. The more prepared you are, the less upset you’ll be when turbulence hits. Your next move: Stay diversified. Owning a variety of investments can help reduce the impact of volatility on your portfolio, even though diversification can’t protect against all losses. One more suggestion: Try to overlook the headlines announcing big drops in the stock market. By focusing on the long term, you can make investment decisions based on your objectives – not your emotions. The markets will always fluctuate. But by making the right moves in 2019, you’ll know you did everything you could to keep moving toward your financial goals.

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March 2019 ⚖ RES GESTAE

YLD spotlight BY NICOLE R. BRUNSWICK, ESQ.

YLD members headed to classroom as literacy program begins

he Lee YLD’s Child Literacy and Law Project is well underway, and I am happy to report that Lee County’s young lawyers have demonstrated a continued commitment to helping the children in our community. During February, we outlined our goal and timeline for implementing the first of several classroom visits to Child Care of Southwest Florida’s learning centers, which will take place this month. We reached out to Lee YLD members requesting volunteers to participate in the visits and purchase the necessary educational materials. Volunteers will be reimbursed for the materials through grant funding from the Florida Bar YLD and fundraising received from Lee YLD efforts. The response from the young lawyers was overwhelming. Thank you to all of those who committed to taking part! Child Care of Southwest Florida has six different learning centers that serve children of various age groups. We hope to visit as many centers as we can throughout the year. Our first visit will be to P.A. Geraci Child Development Center, which

YLD executive board members Melissa Mongiello, Tiffany Pereira, Nicole Brunswick, Sara Qureshi and Eunice Gedeon.

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has classrooms for children between 6 weeks and 8 years old. We will engage with the children during our visits by reading with them or participating in an active learning endeavor, such as games designed to be educational. We will also bring educational materials such as books and school supplies to donate to the learning center. We have been partnering with Tara Devose, the director of P.A. Geraci, who has been extremely welcoming and helpful in coordinating our efforts. I would like to specially thank Tara for all of her time and assistance in helping us put this project in place. I would also like to thank the Lee YLD’s executive board members, as this project would not have been quite as seamless without all of their time and effort! For more information on Child Care of Southwest Florida’s learning centers and the different services they offer to the community, please visit ccswfl.org. If you are interested in becoming involved in Lee YLD’s Child Literacy and Law Project, be sure to follow us on Facebook, where we will post upcoming events; attend our monthly membership lunches; and contact Lee YLD Secretary Eunice Gedeon at Eunice.Gedeon@leecountylegalaid.org to be added to our email list. ⚖ Nicole R. Brunswick is an associate at the Simmons Law Firm, P.A. Nicole focuses her practice in family law. Nicole earned her Juris Doctor from Stetson University College of Law. In addition to serving as president of the LCBA YLD, Nicole serves as a board member on the Association of Family Law Professionals Board of Directors and the Lee County Legal Aid Society Board of Directors.

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March 2019 âš– RES GESTAE

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Dennis L. Webb crafts winning game plans for clients The standout college football player still loves helping his team get to the end zone. Only now, the end zone is the best legal outcome possible for clients of the Law Offices of Dennis L. Webb, P.A. Webb has more than 35 years of trial experience, has been a member of The Florida Bar since 1973 and was LCBA president in 2004. But so much of what he does harks back to his days as a defensive end and linebacker at The Citadel. There, he was a game MVP, racking up numerous tackles against West Virginia, a formidable opponent that represented a step up in class. The Citadel lost 32-0, but it set the tone

for Webb’s long career of tenacity in the face of daunting challenges. “I can’t change a lightbulb, but through hard work and preparation I can cross-examine the best tire experts, doctors and engineers in the country,” Webb said. Webb made a salary of $5,500 his first year as a high school history teacher and assistant football coach after graduating from The Citadel in 1967. Three years later, he stopped coaching football and started going to the University of Miami law school at night, earning his Juris Doctor. It wasn’t football, but Webb found that law involves competition, offense, and defense, just like the game he loves. “In football, you have to stop in your 20s or 30s, unless you’re Tom Brady,” Webb said. “You can practice law until you’re a lot older. As long as I can keep doing it, I plan on doing it,” Webb said. ⚖

Court Appointed Receiver, Property Management and Specialty Oversight Denise Wheeler Wright, Esq., formerly a partner of FordHarrison, LLP, is pleased to announce she has founded WrightMediation. After 24 years of practicing law, Denise has decided to focus her efforts on mediating cases. Denise is experienced in mediating matters involving employment cases, business disputes, and civil litigation matters. In addition to mediations, Denise will continue to conduct work place investigations for businesses throughout the U.S.

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March 2019 âš– RES GESTAE

BENCH BAR-B-Q

Good times & Sun. Fun. Pigs. Shrimp.

You may not think the last two go together quite as well as the first two, but the LCBA is out to change that. For the second year in a row, the bar is combining its two traditional food-focused events into one smorgasbord of delectable surf and turf. The LCBA Bench Bar-B-Q and Shrimp Boil returns March 30 from noon-4 p.m. to the Alliance for the Arts, with tickets available at leebar. org. It’s the one day of the year when the phrase “Chef Judge” rolls off more tongues than “Chief Judge,” as the Hon. Jack Lundy comes in from Glades County to team with the Hon. Robert Branning of Lee County to cook up mouthwatering barbecue. But they’ll be hard-pressed to whip up anything with more tang than attorney Jerry Von Gruben, the maestro of spicy seafood. He’ll simmer shrimp, crawfish, corn, mushrooms, sausage and potatoes in his blazingly spicy mix of Zatarain’s and Louisiana Fish Fry Products Crawfish Shrimp & Crab Boil. Those with sensitive palates are advised to come early, as the batches only get spicier as the afternoon wears on. Thankfully, Millennial Brewing Company will be there to provide plenty to quaff even the most dire of thirsts. But the day isn’t just about getting some exercise for your tastebuds. It’s also a chance to mingle with fellow attorneys and judges in a relaxed setting miles away from the confines of the courtroom. Among the dignitaries spotted at last year’s event were the Hon. Mark Steinbeck, the Hon. Margaret Steinbeck, the Hon. James Sloan, the Hon. Joseph Fuller, Public Defender Kathy Smith, and former

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Q & Shrimp Boil

& good food

LCBA presidents Marcy Shaw and Kelly L. Fayer. Still, it’s not all about VIPs. The event is designed for everyone and their families, with music, face-painting and other children’s activities — essentially, it’s a giant LCBA picnic. With such a wide range of attendees, it’s a keen opportunity for business promotion, too. Sponsorship packages are available that allow for signage, marketing and vendor tables, along with extra tickets. Henderson, Franklin, Starnes & Holt, P.A., Millennial Brewing and Leslea Ellis LLC are among those who’ve already become sponsors. Call LCBA Executive Director Lisa Poulin at 334-0047 or email her at lpoulin@leebar.org to learn how to get involved. ⚖ If you go What: LCBA Bar-B-Q and Shrimp Boil Where: Alliance for the Arts, 10091 McGregor Blvd. When: March 30, noon-4 p.m. Who: All LCBA members and their guests are invited. Cost: Children 6 and under: Free LCBA Members and Judges: $25 Non-members: $35 LCBA Member Guest: $25 Children 7 to 17: $15 March 2019 ⚖ RES GESTAE

ADVERTISEMENT BY JOSEPH HOFFMAN, ESQ

Myths and Mischief in ADHD Nation I have no children. Most of my

colleagues consider that fact to be my greatest gift to the republic. So, my wholly impersonal interest in the conflict over ADHD is derived entirely from some legal hearings, curiosity, and “ADHD Nation” by Alan Schwarz, a finalist for the Pulitzer Prize. To qualify for the ADHD diagnosis, a questionnaire is filled out. The questionnaire is called the DSM - IV (the Diagnostic Statistical Manual of Mental Disorders). Some examples of the questions, surely the most insipid and fatuous known to man: (1) Do you often move your hands or feet in a restless manner, or do you often fidget in your chair? This includes “fiddling with hair or biting nails.” (2) Do you often feel restless? This includes climbing trees. (3) Do you often find it difficult to engage in leisure activities quietly? (4) Are you often on the go or do you often act as if driven by a motor? (5) Do you often talk excessively? (6) Do you often give the answers before questions have been completed? An example of the conflict: (1) an unruly child, (2) one parent unilaterally presents the child to the doctor, (3) session one, the child or parent fills out the questionnaire and the same questionnaire is sent to the child’s teacher, (4) at the second session, if the doctor finds the answers congruent, the child becomes a candidate for chemical enhancement. The non-offending parent is then presented with a fait accompli: give the child the pill or else. If an objection is heard, the doctor’s testimony controls. At one hearing, a question was asked as to how long the child may be, could be medicated. “Ten to 20 years.”

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⚖ March 2019

The child is not “counseled.” Little time or effort is expended to inquire as to the child’s life in school or at home. At school: the usual mysteries and horrors of adolescence, cliques, boredom, too fat, too thin, bullies, iPhones and algebra. At home: separated parents, violence, alcohol, indifference, neglect, too much money, too little money. None of these questions are asked because it’s too much work. One clinician advocate of the medication perfectly articulated the process: “We’ve decided as a society that it’s too expensive to modify the kid’s environment. So we modify the kid.” This is called science. Now, according to the book, all this began with an obscure chemist working for a Swiss pharmaceutical company, CIBA, fiddling with the molecular structure of amphetamine, desirous of increasing his wife’s prowess at tennis. Her name was Marguerite, known as Rita. It did much for her tennis. So he named it Ritaline. CIBA released it to the American market in 1956 and renamed it Ritalin to distance it from amphetamine’s “sketchy” history. With the help of the Unholy Trinity — government, the academy, and big pharma — the great pharmaceutical gold rush was on. The rest of the history is murky, tedious and insufficiently amusing to dwell on except for this: With an undisclosed grant of $750,000 from CIBA, an “advocacy” group (in English: “lobby”) with the acronym CHADD [Children and Adults with Attention Deficit Hyperactivity Disorder] was created. CHADD became very busy, establishing cells throughout the country (640 chapters nationwide, 34,000 members by 1995) and lobbying Congress to designate

ADHD as a learning disability condition, making it eligible for all educational and government-assistance programs. This was important considering the costs of the pills whose cost to the poor would be shifted to Medicaid. In a chapter entitled “This is Your Brain on Capitalism,” Schwarz listed the cost of 100 pills at a middle-dose drug store: Adderall $410; Adderall XR $791; Vyvanse $588; Intuniv $140; Ritalin $140; Ritalin SR $286; Ritalin LA $502; Concerta $651; Desoxyn $539; Dexedrine $741; Stratters $635. Following a PBS documentary where a CIBA representative foolishly confessed that “CHADD is essentially a conduit” for company messaging regarding Ritalin, prescriptions fell off but then quickly increased 400 percent. According to American Psychiatric Association estimates, no more than 5 percent of American children suffer from ADHD, yet the diagnosis is given to around 15 percent of American children. As of 2012, 4.5 million children were diagnosed with ADHD, and that figure is probably now more than 5 million. It is reported that this year nearly 500,000 children will troop to their doctors for the diagnosis. Essentially, the thesis of the book is that while ADHD is a serious disorder, it is seriously, catastrophically over-diagnosed. The academy and the medical profession were then employed as shills. It was disclosed after the fact that three of the most prolific and highly respected researchers in the ADHD community, Drs. Joseph Biederman, Timothy Wilens and Thomas Spencer, had been substantially subsidized by drug companies and failed to report the source of much of their income.

Biederman alone was given $1,600,000 in speaking and consulting fees. The three were eventually sanctioned by their institutions, Harvard Medical School and Massachusetts General Hospital. The U.S. is almost unique in the developed world for allowing directto-consumer advertising of controlled substances, which ADHD meds are. In 2009, Johnson & Johnson placed an ad on the CBS jumbotron, a 26-by-20-foot text message in Times Square. The pharmaceutical industry (Eli Lilly, Shire, Medice, McNeil, Janssen Pharmaceuticals, Janssen-Cilag, Novartis, Johnson & Johnson, etc.) has about two lobbyists for every member of Congress, and according to the Center for Responsive Politics, spent $152,000,000 on influencing legislation in 2016. Former U.S. Rep. Paul Ryan, the late unlamented Speaker of the House, alone received $ 228,670. The literature is replete with speculation as to historical figures probably suffering from ADHD: Mozart, Einstein, Edison, Churchill. It makes you think: If Mr. Churchill had had the benefits of Ritalin, why, he could have been somebody. In addition to the usual suspects — cognitive thinking, memory, ability to focus — the number of afflictions either being studied or already attributable to ADHD is astonishing: irritable bowel syndrome, restless leg syndrome, migraines, binge eating, irritable or overactive bladder syndrome, problems sleeping, and being born during or just proceeding the Eisenhower Administration. From the market research agency Datamonitor: “Estimated to be twice the size of the pediatric ADHD population, the highly prevalent, yet largely untapped, adult ADHD population continues to be an attractive niche to target.” There is

a new one entitled “Sluggish Cognitive Tempo,” or SCT, which is supposed to be improved by a pill called Vyvanse, a pill that the company anticipates generating $2,000,000,000 by the time the patent expires in 2023. And now for the resistance. According to Marcia Angell, former editor of the New England Journal of Medicine: “Over the past two decades the pharmaceutical industry has moved very far from its original high purpose of discovering and producing useful new drugs. Now primarily a marketing machine to sell drugs of dubious benefit, this industry uses its wealth and power to co-opt

British Medical Journal, opined: “Are the Americans ahead of the British, or behind them, or do their children’s brains dysfunction in such an ostentatiously exotic transatlantic fashion that they require drug therapy?” At one of those dreary psychiatric conferences, another British psychiatrist indicated, “I don’t practice chemical warfare against children.” There is nothing so bracing as the serrated edge of British wit. Huxley called the pill “soma.” We call it Ritalin. “’Tis a brave new world with such people in it.” As psychiatric conferences go, recall one (I was only there in spirit): the largest ever, some years ago, 1969, in upstate New York, quite famous and informal, clothing optional, on a farm, in the rain and the mud, a cautionary tale whose general conclusion reduced to a jingle goes like this (doctors and pharmacists are encouraged to sing along): “One pill makes you larger. One pill makes you small. And the ones that mother gives you don’t do anything at all. Go ask Alice, when she’s 10 feet tall!” Joseph Hoffman is a family law attorney in Fort Myers. To give the reek of authenticity to this article, it was necessary to consult with a parent of a 12-year-old. Sometimes he does not clean his room or brush his teeth or eat his vegetables, which she diagnosed as “lazy.” Now, I had to explain that “lazy” is an attitude; “oppositional defiance” is a condition. Who knew? And he fidgets. And he sometimes is either bored or disappointed with the adult world — get in line, kid. Sometimes he wants to be an astronaut and sometimes a professional soccer player and sometimes a doctor and sometimes a scientist, but she reports that at no time does he ever indicate a desire to be the chief national sales manager for Eli Lilly. What to do? What to do?

The British Lancet: Are the Americans ahead of the British, or behind them, or do their children’s brains dysfunction in such an ostentatiously exotic transatlantic fashion that they require drug therapy? every institution that might stand in its way, including the US Congress, the FDA, academic medical centers, and the medical profession itself.” Dr. Irwin Savodnik, assistant Clinical Professor of Psychiatry at UCLA, said: “The very vocabulary of psychiatry is now defined at all levels by the pharmaceutical industry.” Consider the made-up highbrow term “oppositional defiance.” Is not all defiance oppositional? Dr. Arnold Seymour Reiman, Harvard Professor of Medicine, says: “The medical profession is being bought by the pharmaceutical industry, not only in terms of the practice of medicine, but also in terms of teaching and research. The academic institutions of the country are allowing themselves to be paid agents of the pharmaceutical industry. I think it’s disgraceful.” Other countries are astounded by the American ADHD diagnostic explosion. Lancet, the world-renowned

March 2019 ⚖ RES GESTAE

LEGAL LENS LCBA EXECUTIVE COUNCIL SWEARING-IN LUNCHEON

New energy held sway as the 2019 LCBA Executive Council and Lee YLD Executive Board were formally installed on January 18 at the Sidney & Berne Davis Art Center. The Hon. Judge James Adams conducted the swearingin ceremony as the new leaders took their first steps toward strengthening the bar.

Photos courtesy of Jim Jett Photography

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âš– March 2019

1. Cynthia Duff, Jess Levins, Kelly L. Fayer 2. Peter Knize, Hon. Zachary Gill, Spencer Cordell 3. Nicole Brunswick, Melissa Mongiello, Sara Qureshi, Tiffany Pereira, Eunice Gedeon 4. Hon. Amy Hawthorne, Magistrate Gilberto Perez, Gus Simmons, Amira Fox 5. Michael Raheb, Kathy Smith 6. Kathy Smith, Michael-Anthony Pica, John Webb, Hon. James Adams, Matt Roepstorff, Spencer Cordell, Tiffany Pereira, Peter Knize, Nicole Brunswick 7. Hon. Devin George, Hon. James Adams, Connie Ramos-Williams, Hon. Archie Hayward, Hon. Tara Paluck 8. Dan D'Alessandro, Ryan O'Halloran, Magistrate Kimberly Davis Bocelli 9. Ashley Farone, Eunice Gedeon, Blair DeMinico

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March 2019 ⚖ RES GESTAE

SPECIAL FEATURE BY CHUCK MYRON

Free legal advice

making impact

at Self Help Center

hey come every Tuesday with problems too complex to handle on their own. The man taken to court by his ex-wife over child support he couldn’t afford to pay. The woman trying to evict her troublesome sister. The couple trying to adopt their out-of-state grandchild. They sit patiently, sometimes for hours, in a brightly lit L-shaped room in the Lee County Justice Center. Every 15 minutes or so, Andrew Banyai, executive director of the Lee County Legal Aid Society, pops out of a smaller room and beckons whomever is next. That’s when the magic happens. A year after Lee County Clerk of Court Linda Doggett launched the Self Help Center, its most popular feature by far has been the free legal consultations that the Legal Aid Society conducts from 1-4:30 p.m. each Tuesday. Between June 12 and December 18 last year, 260 people received consultations and another 66 were turned away because the supply of legal services couldn’t meet the demand, according to statistics provided by the Clerk’s office. “The attorney help service has been an overwhelming success,” said Michael J. Healy, general counsel for the Clerk’s office. “Andrew Banyai and Lee County Legal Aid absolutely exceeded our expectations with the work they are doing to help people understand how to approach or deal with issues on their cases. They are a perfect fit for the center and so great to work with.” Banyai, co-chair of the LCBA Pro Bono Committee, is usually accompanied by at least one other volunteer attorney. They receive no monetary compensation — the entire Self Help Center is pro bono and unfunded by taxpayer dollars — but the experience leaves an impression. “The people who come to the Self Help Desk are so appreciative of any help they can get with their current plight,” said Travis Russell of Henderson, Franklin,

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⚖ March 2019

Starnes & Holt, P.A. “When nearly everyone who comes in with what they think is an insurmountable problem leaves with even a glimmer of hope, all they can say is ‘Thank you!’ while walking out the door, and to me that is the most satisfying part of helping these people.” The simplicity of the process contrasts with the knotty tangles that help-seekers often find themselves in. The room where the consultations take place is soothingly spartan, with beige-paneled walls, subdued lighting and just enough room for a modest round table and four or five chairs. On a recent Tuesday, Banyai and Russell sat in two of those chairs as they greeted a visitor with a family law case. Banyai and Russell had him sign a waiver, verified there was no conflict of interest, and listened as he explained his problem. Russell looked up his case number on his phone and he and Banyai quickly read through the files. A back and forth discussion ensued, and Banyai answered a series of questions with practical advice that helped allay some of the visitor’s fears. “A lot of these people are desperate and scared, and all they really need is just some basic guidance,” Banyai said. “Not everyone can afford an attorney, but everyone should be able to obtain a basic understanding of their legal circumstances and how to deal with them. That’s what we’re trying to provide access to here.” Banyai’s goal is to expand the number of days and hours the consultations are available, and to have regular days set aside for certain kinds of legal issues. In late January, attorney Luke Johnson joined Banyai for a special probate-focused session that leveraged Johnson’s particular experience. “Navigating through law is a complicated procedure that requires a thorough understanding and analytical thinking,” Johnson said. “It’s nothing like what you may see on TV.”

The more diverse the roster of attorneys participating, the better the help. Healy sees the most efficient solution coming from other pro bono organizations willing to partner with Legal Aid and the Clerk’s office to provide volunteer attorneys on a regular schedule. If, for instance, an organization guaranteed attorneys would appear for consultations every Thursday morning, the Clerk’s office could advertise that to the public, Healy points out. “We also love Scott Atwood’s idea of encouraging attorneys to work the Tuesday afternoon using pro bono hours,” he said. Legal Aid has submitted a grant proposal to The Florida Bar Foundation to fund a program that would use the carrot on a stick of CLE credits as incentive for doing pro bono work. It would link interested attorneys with experienced mentors in areas of need, like landlord-tenant, wage garnishment, judgment collection

and, increasingly, immigration. Attorneys would learn, fulfill their CLE requirements and put their newfound knowledge to use in the Self Help Center. The consultations there have drawn raves in their first year, with Lee County Commissioner Cecil Pendergrass and the United Way of Lee, Hendry, Glades and Okeechobee Counties helping Legal Aid secure other grant money to further enable Banyai’s work. But their continued growth and utility of the service may ultimately come down to a willingness to commit resources, whether they come from legal associations, government entities or individual attorneys. “I would tell attorneys who are on the fence about volunteering to stop by one day and just sit in on a few sessions to experience what goes on at the Self Help Center,” Russell said. “Maybe it’s just me, but some of these issues can really pull at the heartstrings and make you want to help in any way possible.” ⚖

Travis Russell and Andrew Banyai conduct a free legal consultation at the Clerk of Court's Self Help Center.

March 2019 ⚖ RES GESTAE

Lee County Bar Association's 100 Club Absolute Law

Goldstein, Buckley, Cechman, Rice & Purtz, P.A.

Aloia, Roland, Lubell & Morgan, PLLC

Grant Fridkin Pearson

The North Law Firm, P.A.

Arend & Sisk, P.A.

GrayRobinson, P.A.

O’Halloran & O’Halloran, Attorneys at Law

Men’s Rights Law Firm

Associates and Bruce L. Scheiner, P.A.

Green, Schoenfeld & Kyle, LLP

Osterhout & McKinney, P.A.

Avery, Whigham & Winesett, P.A.

Grossman Law & Conflict Management

Parvey & Frankel Attorneys, PA

Bergermann Law Firm

Hahn Loeser & Parks LLP

Prather and Swank, P.A.

Bonita Springs City Attorney’s Office

Henderson, Franklin, Starnes & Holt, P.A.

Patrone & Kemp, PA

Boyle & Leonard, P.A. Burandt, Adamski, Feichthaler & Sanchez, PLLC

John Webb Legal Group, P.L.

Pavese Law Firm

Kelleher Firm

Richard Johnston Law

Buchanan Ingersoll & Rooney PC

Knott Ebelini Hart

Robert Harris Law Firm

Calvo & Calvo

Kuhn Law Firm, PA

Roetzel & Andress, L.P.A.

Cody & Linde, PLLC

Kushner & Kushner

Rubinstein, Holz & King, P.A

Coleman & Coleman

LaDonna J. Cody, P.A., Attorney at Law

Sheppard, Brett, Stewart, Hersch, Kinsey & Hill, P.A.

Cole Scott & Kissane, P.A., Bonita Springs Office DeBoest, Stockman, Decker, Hagan, Cheffer & Webb-Martin, P.A.

Law Firm of Scott T. Moorey

Simmons Law Firm, P.A.

The Law Office of Brantley Oakey

Spivey Law Firm, Personal Injury Attorneys P.A.

The Law Office of Michael M. Raheb, P.A.

Strayhorn and Persons, P.L.

Florida Rural Legal Services

Law Offices of Dennis L. Webb, P.A.

Toll Law

Fort Myers City Attorney’s Office

Lee County Legal Aid Society, Inc.

Vernis & Bowling of Southwest Florida, P.A.

Garvin Law Firm

Levins & Associates, LLC

Viacava & Cantor Attorneys at Law

Geraghty, Dougherty, Edwards & Stockman, P.A.

Maughan Law Group

Viles & Beckman, LLC

Goldberg Noone, LLC

McQuagge Law Firm

Yeslow & Koeppel, P.A.

Is your firm part of the 100 Club? Any firm with two or more attorneys and 100 percent membership in the LCBA qualifies. If you feel your firm is eligible, email a listing of your attorneys to admin@leebar.org and we will let you know.

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the dish BY JOHN C. WEBB, ESQ.

Bruno’s of Brooklyn:

Don’t fuggetaboutit! Downtown staple features irresistible Sicilian delights

n the corner of Monroe and Second streets and footsteps from the Lee County Justice Center in downtown Fort Myers is a Sicilian and Italian eatery with a penchant for large portions and an intimate atmosphere that has quickly become a favorite among those entering its doors.

on the far western end of Second Street. Glass doors befitting a New York deli open to a tiny, L-shaped dining area with about a halfdozen tables and another halfdozen or so seats at the bar.

One recent evening, a particular group of fans of Bruno’s of Brooklyn Italian Eatery were in attendance – Scott Atwood, Richard Marchewka, Michael Randolph, Beth Randolph and I – to share in the sumptuous cuisine, and to take in the artistic and personal entertainment of Chef Calcedonio (Cal) Bruno as he prepares his family recipes in the open kitchen.

A basic black theme applies to the tables, chairs, hostess stand, and even to the placemats and the frames of the pictures on the wall. The colors in the family photos housed within many of those frames pop out against the contrast, an immediate sign of the warm welcome you’re about to receive. It’s the perfect spot to savor the evening after a successful day at the courthouse or to strengthen the bonds with family and close friends.

Bruno’s opened its doors in downtown Fort Myers in 2014, after Cal spent years of planning to relocate from Brooklyn to Southwest Florida and to find the right space to establish the eatery that had long been a dream of his father’s. Together, Cal and his wife, Genevieve, brought together their previous restaurant experience to establish Bruno’s, a place that’s proven well worth the wait. The space looks like it’s right out of Brooklyn, a diminutive one-story faux stone building draped with a black canopy, standing hard against the brick-lined sidewalk

Photo above: Cal Bruno with the lamb and gnocchi special. Photo below: Beth Randolph, Mike Randolph, Scott Atwood, Richard Marchewka, Cal Bruno and John Webb.

Beyond a curved, glass-topped case of delectable to-go pastries is where Cal puts on his show. The open kitchen lets Cal display his vast culinary talent, which he honed growing up in his family's kitchen, where three generations

of relatives would pass down their Sunday dinner secrets. The menu consists of a wide variety of wonderful lunch and dinner items, including pasta dishes such as lasagna with Bruno’s famous meatballs and rigatoni bolognese, as well as entrees such as sausage, peppers and onions with penne aglio and olio and veal cutlet parmigiano. But if you don’t start your meal with an order of the freshly cut and lightly battered calamari, did you really even go to Bruno’s? The tender rings and tentacles tumble over themselves toward a healthy serving of a homemade marinara. The sauce is good enough to sip on its own but serves as the acidic touch that sweet and lightly salted squid crave. Follow it with a sip of chilled pinot grigio, and you’re transported to the heart of little Italy without the three-hour flight on JetBlue. Among the specials that Bruno’s concocts is a treat once considered a taboo delicacy that’s making its way out of the shadows to become a more commonplace starter: bone marrow. A beautiful beef bone was sliced down the center, exposing the rich, fatty marrow hidden within. Cal’s sous chef broiled the bones to perfection, giving the marrow a warm, buttery texture that could only be made better by the worthy side of fresh, toasted slices of homemade Italian bread. If you see this on the special menu, don’t hesitate to order. Also from among the specials was the succulent lamb that this group of Bruno’s fans indulged in. We all dined on a delectably tender bone-in braised lamb shank garnished with rosemary and served on a bed of house-made potato gnocchi in Bruno’s signature chianti butter sauce. Lamb is a meat that has folded under hands of some of the best chefs, but Cal makes this tender protein sing effortlessly.

Cal’s seemingly innate feel for creating dishes that linger in your memory. And as for the lamb special, let’s just say it’s worth frequenting Bruno’s often enough for it to come around again. You and your lucky dinner guests won’t regret it. ⚖ Photo left: Bruno’s Meatball Speciale. Photo above: Cannoli, made fresh daily at Bruno’s.

2112 Second St., Fort Myers 239-278-0211 BrunosOfBrooklyn.com Hours: Monday: Closed | Tuesday: 5-9 p.m. Wednesday & Thursday : 11 a.m.-3 p.m. and 5-9 p.m. Friday: 11 a.m.-3 p.m. and 5-10 p.m. Saturday: 5-10 p.m. Sunday: Closed John C. Webb is the managing attorney for the John Webb Legal Group, P.L., and a connoisseur of fine foods. He is the president of the LCBA, and he also holds memberships in the Calusa Inn of Court and Business Network International.

As noteworthy and satisfying as Bruno’s regular menu items are, it’s the specials that truly showcase

March 2019 ⚖ RES GESTAE

In Memoriam ROBERT "BOB" KEEZEL

By Michelle Keezel Robert “Bob” Keezel passed away on December 10, 2018 after a brief but courageous battle with cancer. Born March 2, 1958, he was the eldest son of Robert F. and Lois (Demberger) Keezel. Within a year, Bob convinced his parents to move from the cold winters of Massachusetts to sunny Winter Park. Bob graduated from Winter Park High School and was a proud graduate of Rice University in Houston. Thereafter, he earned his Juris Doctor and Master of Business Administration from Vanderbilt University in Nashville. If you knew Bob, he was never without a book, a cup, a koozie and a good story. While he may not have had the

best sense of time, you knew that he was a good man with a great heart. Bob never knew a stranger – he was kind, gentle and never had a harsh word for anyone. Bob always made time for his family and he never turned his back to a friend. Bob touched more lives than one could count. Bob also loved to travel. His most recent trip took him to Mexico, where he taught English to university students in Tehucán. He was fluent in Spanish and loved speaking the language. Bob is survived by a multitude of family and friends, especially the light of his life, Dr. Mary Keezel, and best friend, Michelle. Arrangements are being handled by Gendron Cremation. Please visit Bob's obituary on gendronfuneralhome.com to share your fond memories of him. Memorials can be made to the Lee Health Foundation, Compassionate Care Fund, 16451 Healthpark Commons Drive, Suite 200, Fort Myers, FL 33908. Include a note that it is in memory of Robert Keezel. A Celebration of Life for Bob will be held on Saturday, March 23 from 1-4 p.m. at Doc Ford’s Rum Bar & Grille, 708 Fishermans Wharf, Fort Myers Beach. In honor of Bob’s joyous approach to life, Hawaiian attire is encouraged. ⚖

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⚖ March 2019

LCBA Welcomes new members Richard J. Swift GrayRobinson, P.A. Douglas T. Gould Linde Law Group Nicole L. Goetz Nicole L. Goetz, P.L.

35 Years. 3,500 Mediations.

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March 2019 ⚖ RES GESTAE

LCBA Judges Spotlight

Hon. Carolyn Swift

1. I was born in Staten Island, New York, and moved to Lee County in 1983. I worked really hard to lose my accent in fourth grade. 2. My first job was assisting as a cashier and pumping gas at my father and uncle’s gas station. I later graduated to my first real job as a bagger at WinnDixie in North Fort Myers. 3. The summer before law school, I spent a month backpacking the U.S. with the assistance of a 30-day Amtrak pass. Highlights included visits to San Antonio, San Francisco, Portland (Oregon), Seattle, Minneapolis and Washington, D.C., and camping in national parks, including Grand Canyon, Kings Canyon and Sequoia. 4. When not cheering for my own children’s sports teams, I enjoy college basketball. We have been season ticket holders for the FGCU men’s basketball team since 2011 (before Dunk City)! We also bleed orange and blue for Syracuse (my husband’s alma mater). 5.

I like hand-washing dishes. It brings back happy memories of time spent with my grandmother.

BR ANDING THE LEGAL COMMUNITY FOR OVER 11 YEARS.

C O N R I C P R . C O M P R O U D

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P U B L I S H I N G

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P A R T N E R

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2 3 9 - 6 9 0 - 9 8 4 0 T H E

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C O U N T Y

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A S S O C I AT I O N

The North Law Firm, P.A. Accident & Injury Attorneys

Call Joe to Refer a Client: (239)337-1191 Car & Truck Accidents Motorcycle Accidents Drunk Driving Accidents Serious Injury Cases Paralysis Cases Apartment Shootings Gun Violence Cases Courtroom Trials

Maximum Referral Fees

Workers’ Compensation Wrongful Death Cases Pedestrian Accidents Bicycle Accidents Dog Bite Cases Slip and Fall Accidents Negligent Security Cases Settlements

Joe North has been helping Clients with Injury Cases and Death Cases for more than 25 years.

Attorney Joe North

14241 Metro Parkway, 2nd Floor (In the United Fidelity Bank building), Fort Myers • TheNorthLawFirm.com MEDIATION, ARBITRATIONS AND GLOBAL SETTLEMENT CONFERENCES IN:

CRIMINAL DEFENSE

SCOTT T. MOOREY

275-5552

PERSONAL INJURY

NURSING HOME

INSURANCE DISPUTES

CONTRACT DISPUTES

CONSTRUCTION

REAL PROPERTY

MALPRACTICE

EXPERIENCE IN DEVELOPING STRATEGIES AND PATHWAYS TO RESOLUTION!

FULL TIME

1430 Royal Palm Square Blvd. Suite 101 Fort Myers, FL 33919

DENISE H. KENNEDY, ESQ. CERTIFIED CIRCUIT-CIVIL MEDIATOR | QUALIFIED ARBITRATOR

> > OVER 30 YEARS CIVIL LITIGATION EXPERIENCE REPRESENTING

PLAINTIFFS AND DEFENDANTS >> OVER 4000 MEDIATIONS AND ARBITRATIONS >> BOARD CERTIFIED IN CIVIL TRIAL LAW (1995) >> AVAILABLE THROUGHOUT 20TH AND 12TH JUDICIAL CIRCUITS WITH NO TRAVEL FEE

scott@GoodPeopleDoGetArrested.com

March 2019 ⚖ RES GESTAE

LCBA Members spotlight

Nirupa Netram, Esq.

1. I taught art classes for students with developmental disabilities. This was such a meaningful, rewarding and fun experience. 2. In my early years, I attended a school where all the other children only spoke Dutch. I only spoke English, so I had to quickly learn this new language. 3. I am a big Patriots fan. I admire the determination, perseverance and work ethic of quarterback Tom Brady. While some people used to say, “He is too young to be in the Super Bowl,” and some people now say, “He is too old to go to the Super Bowl,” he proves them wrong. 4. My favorite music is Latin. My favorite song is “Despacito.” After my 5-year-old nephew broke his arm in a horrific freak accident at school, he often asked me to play that song. He would then dance happily while taking one hand to hold his broken arm still. I thought, “What a resilient and happy kid!” The song always puts a smile on my face. 5. I served as an interim magistrate for the 20th Judicial Circuit. I truly enjoyed preparing for and presiding over the cases — none of which were ever alike.

Thank yy...

FOR CONTINUING TO TRUST US WITH

YOUR CLIENT’S INJURY CASE. Jeff

Cell: 239.940.9716

RES GESTAE

Leland

Cell: 954.294.2005

⚖ March 2019

AS ALWAYS, WE WILL PROVIDE COMPETENT LEGAL REPRESENTATION AND PAY YOU THE MAXIMUM REFERRAL FEE ALLOWED BY THE FLORIDA BAR. CHECK OUT OUR NEW WEBSITE - WWW.GARVINLEGAL.COM

In a time when many local court reporting firms are selling to national companies, we continue to preserve the personable service you have come to expect.

ACCURATE, EXPERIENCED, and LOCAL reporters serving our Southwest Florida legal community. Fort Myers Court Reporting clients will now be able to schedule in Bradenton, Sarasota, Venice, Port Charlotte, and Punta Gorda. · · · Jackie Burrell, RPR, FPR

Online scheduling with 24/7 access to all repository files Nationwide scheduling Independent, court-reporter owned firm

www.fmreporting.com · Phone: 239.334.1411 · scheduling@fmreporting.com 2180 West First Street, Suite 120, Fort Myers, Fl 33901

McHale, P.A.

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• Forensic Accounting • Litigation Support • Bankruptcy Matters • Receiverships • Distressed Business

1335 MIRAMAR STREET • CAPE CORAL, FL 33904 239.549.4484 • WWW.DIRECTIMPRESSIONS.COM

Management

March 2019 ⚖ RES GESTAE

legal lens The first LCBA Family Bowling Event took members to Headpinz Entertainment Center in Fort Myers. The relaxed setting brought attorneys together to bond, relax and test their skill at the game, all part of President John Webb's mission to engage bar membership in new ways.

John Webb Jacey Duke, Jarred Duke and son Noelle Branning, Hon. Robert Branning and kids 4. Spencer Cordell, Shatree'Tia Jones and children

Photos courtesy of Jim Jett Photography

LCBA FAMILY BOWLING SOCIAL

1. 2. 3.

LEARN HOW WE CAN SAVE YOU TIME AND MONEY TO HELP YOUR PRACTICE GROW. • • • • • • • •

QuickBooks Product Selection QuickBooks Setup & Implementation Bookkeeping Onsite/Offsite - Monthly, Quarterly, Annually Trust Accounting Case Management Integration - Cloud/Desktop Payroll Discounted Rates We Work With Your Needs and Budget in Mind

OUR SOLUTIONS ARE TAILORED TO YOUR PRACTICE! O: 239.541.0097 • C:239.357.5595 TotalQuickbooksSolutions.com Carrie@TotalQuickbooksSolutions.com Carrie Kane, Owner/Operator

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⚖ March 2019

1342 Colonial Blvd., Suite D30 | Fort Myers, FL 33907

Celebrating 10 Years serving The 20 th Judicial Circuit

STANDARD Six-Day Transcript Delivery Serving Lee, Collier and Charlotte Counties Depositions, Hearings and Trials · Courtsmart Transcription · Realtime · Interpreters Conference Rooms Available for Mediation · Free Wireless Access · Videographers Free ASCIIs, CDs, Keyword Indexes, and Condensed Transcripts

MeritCourtReporting.net · 239.481.1300 Free parking at all locations Maryanne Wagner, RPR, FPR

South Fort Myers 6213 Presidential Court Suite 100 Fort Myers, FL 33919

Downtown 2022 Hendry Street Suite 104 Fort Myers, FL 33901

Naples 1415 Panther Lane Naples, FL 34109

Debbie Cail, Office Manager

WANT REFERRALS? Your fellow LCBA attorneys could be your #1 source.

ADVERTISE HERE! Contact Linda Fiore 239.690.9840 or Linda@ConricPR.com

March 2019 ⚖ RES GESTAE

legal lens LEE COUNTY HIGH SCHOOL MOCK TRIAL COMPETITION

After a one-year hiatus, Fort Myers High returned to the winner's circle on Feb. 2 at the Lee County High School Mock Trial Competition, capturing the school's third title in four years. Cape Coral High came in second and, in its first year of competition, the Evangelical Christian School finished an impressive third. About 50 LCBA volunteers, led by co-chairs Shaina Zuppke and Eunice Gedeon, helped make the event a success. Here are the award winners: Professionalism award: Cape Coral High School. Best defense attorney: Zachary Kashman, Cape Coral High School. Best plaintiff attorney: Ethan Cossu, Bishop Verot Catholic High School. Best defense witness: Skyler McGillicuddy, Ida Baker High School. Best plaintiff witness: Anna Diaz, Canterbury School. Best opening argument: Sydney Marcy, Fort Myers High School. Best closing argument: Zachary Kashman, Cape Coral High School.

Photos courtesy of Jim Jett Photography

1. Hon. John Steele 2. Hon. Zachary Gill and student 3. Hon. Jack Weiss 4. John Webb, Kelly L. Fayer 5. Fort Myers High School team (first place) 6. Cape Coral High School team (second place) 7. Award recipients 8. John Webb, Eunice Gedeon, Shaina Zuppke, Kelly L. Fayer

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âš– March 2019

In The news

Lori L. Moore, shareholder-in-charge of the Roetzel & Andress office in Fort Myers, has joined the board of directors for the Southwest Florida chapter of the National Association of Women in Construction. The organization seeks to enhance the success of women in the construction industry and provides members with professional development, education, networking, leadership training, public service and more. Moore is Board Certified in Real Estate by The Florida Bar and is listed in The Best Lawyers in America© for Real Estate Law (2018). A recent symposium featured Pavese Law Firm partner Christina Harris Schwinn discussing discrimination claims, proper documentation of employee misconduct in the workplace, and good hiring practices. She presented in February at the United Community Association Networking and Pavese Law Firm Human Resources Seminar, entitled “Reducing Exposure to Employment Claims and Avoiding Claims of Retaliation.” She is available to speak to local businesses and organizations on a variety of employment law topics. M. Travis Hayes, a shareholder of Grant Fridkin Pearson, P.A. in Naples, was appointed Chair of the Probate Law and Procedure Committee of the Real Property, Probate and Trust Law Section of The Florida Bar. A Fellow of the American College of Trust and Estate Counsel, Hayes is a past Chair of the Probate Rules Committee of The Florida Bar. Hayes focuses his practice in estate planning, estate and trust administration, and probate and trust litigation.

Amy Thibaut has joined the Fort Myers office of the Pavese Law Firm. Thibaut primarily focuses her practice in land use and real estate law, including zoning, development and environmental matters. Thibaut earned her Juris Doctor from the University of Houston Law Center and her Bachelor of Arts in Spanish literature from The University of Texas. Prior to practicing law, she held roles in finance and business development for Morgan Stanley and Gartner.

Henderson, Franklin, Starnes & Holt, P.A. attorney William Boltrek recently presented before brokers, funders and professionals from the Merchants Cash Advance and small business lending industries at the deBanked CONNECT conference. Boltrek facilitated a panel discussion entitled “Tackling the Bloomberg Articles and the Negative Media Attention” with panelists Dan Gans (principal & founder of Polaris Consulting), Steve Denis (executive director of the Small Business Finance Association) and Deidre Krause (founder and fixer of The PR Company). A movie featuring Stuart Pepper of the Pepper Law Firm recently became available for free to Amazon Prime subscribers. Pepper is the central character in “The Coverup,” a 2008 Hollywood production starring John Savage and Eliza Dushku. The film, one of two Pepper has made, is about a case involving the death of a man in police custody in small-town Iowa. Pepper received his law degree from the University of Missouri-Kansas City and opened his Cape Coral office in 1987. March 2019 ⚖ RES GESTAE

In The news

The Hon. Michael T. McHugh was elected by his fellow judges to serve another term as chief judge for the 20th Judicial Circuit. His two-year term will begin on July 1, 2019. McHugh was first elected chief judge in 2015. He’s been a circuit court judge since 2006, when then-Gov. Jeb Bush appointed him to the bench. McHugh started his legal career as an assistant state attorney and later served as managing attorney for Allstate’s staff counsel offices in Fort Myers and Tampa.

Kelly L. Fayer of Kelly L. Fayer, P.A. received the 2019 Florida Bar President’s Pro Bono Service Award for the 20th Judicial Circuit. Florida Bar President Michelle Suskauer handed out the awards in a February 7 ceremony at the Supreme Court of Florida. As 2017 LCBA president, Fayer launched a pro bono challenge, and the number of attorneys accepting cases through Florida Rural Legal Services increased from 38 to 53. She also founded the #KindLee Committee and continues to serve as #KindLee co-chair.

Send us your news at ResGestae@LeeBar.org. See more LCBA members in the news at LeeBar.org/in-the-news.

RES GESTAE

⚖ March 2019

SouthweSt Florida’S Criminal deFenSe lawyer Aggressive. Determined. Experienced.

Joe Viacava has successfully defended hundreds of criminal cases and is ready to help you and your client. All lawyers say that they are aggressive, but Mr. Viacava is known as the quintessential aggressive attorney. “Joe Viacava is a pit bull on cross-examination.” –NBC News Payment Plans • Aggressive and Thorough Investigation Top Quality Trial Performance Free, in-depth, personal initial consultation Referrals Welcome Private parking for clients • State of the art law office

JoeViacaVaLaw.com Main (239) 288-5969 • Cell (239) 410-8292 • Fax (239) 288-5572 Available 24/7 - “calls are put directly through to me, not an associate” Calls accepted ANYTIME from ANYPLACE TROUBLE may be found.

2036 McGregor Boulevard • Fort Myers, FL 33901

PRSRT STD U.S. POSTAGE

PAID

FT. MYERS, FL PERMIT NO. 147

P.O. Box 1387 | Fort Myers, FL 33902-1387 (239) 334-0047 | Fax (239) 334-0523 LeeBar.org

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Lending Team â€“ From left back row: Geoffrey Roepstorff, CEO; John Ammons, Vice President, Cleveland Avenue Office Manager From left middle row: Willy Ocasio, Vice President, Sanibel-Captiva Office Manager; Rob Lisenbee, Vice President, Lending; Kim Nyberg, Vice President, Professional & Executive Banking; Liz Aurensan, Vice President, Lending From left front row: Pam Edwards, Vice President, Lending; Leah Kirby, Vice President, River District Office Manager; Robbie Roepstorff, President

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